Loading...
HomeMy WebLinkAbout08-3072Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. BOX 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone ahdowling@mette.com rlfinck@mette.com PA PUBLIC WORKS EQUIPMENT CO., Plaintiff V. HEMPT BROS., INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. &99 - 3D7a : CIVIL ACTION - REPLEVIN NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 493525vl Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone ahdowling@mette.com rlfinck@mette.com PA PUBLIC WORKS EQUIPMENT CO., Plaintiff V. HEMPT BROS., INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Of- 3o7Z ?d -7-2,- CIVIL ACTION - REPLEVIN REPLEVIN COMPLAINT Plaintiff, PA Public Works, Inc., files this Replevin Complaint against the Defendant, Hempt Bros., Inc., pursuant to Pennsylvania Rule of Civil Procedure 1071, et. seq., as follows: PARTIES 1. The Plaintiff, PA Public Works, Inc. ("Plaintiff') is a Pennsylvania business corporation with a principal place of business at 1124 McLaughlin Run Road, Bridgeville, Allegheny County, PA 15017 and a business address at 238 Locust Point Road, Mechanicsburg, Cumberland County, PA 17050. 2. The Defendant, Hempt Bros., Inc. ("Defendant"), is a Pennsylvania business corporation with a principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania 17011 and a business address at 49 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. JURISDICTION AND VENUE 3. Jurisdiction and venue are appropriate in this Court because Hempt has a principal place of business in Cumberland County, Pennsylvania. 4. Jurisdiction and venue are appropriate in this Court because the events and transactions giving rise to the Plaintiffs cause of action occurred in Cumberland County, Pennsylvania. 5. Venue in this Court is proper pursuant to Rule 1072 of the Pennsylvania Rules of Civil Procedure. BACKGROUND 6. The Plaintiff leases a facility located at 238 Locust Point Road, Mechanicsburg, Pennsylvania, 17050 (the "Facility"). The Facility belongs to a third party. 7. The Plaintiff uses the Facility to sell, store, and repair heavy equipment and for administrative purposes. 8. At some point between December 29, 2007 and January 14, 2008, the Defendant contacted the Plaintiff and inquired as to the availability of a street sweeper for the Defendant to purchase from the Plaintiff. 2 9. After a series of discussions between the parties, on January 14, 2008, Plaintiff's agent, Kenneth Moyer, contacted the Defendant's agent and informed the Defendant that the Plaintiff had identified a street sweeper it could obtain from one of the Plaintiff's manufacturers and sell to the Defendant (the "Subject Street Sweeper"). 10. The Plaintiff originally quoted the Defendant a sale price of $178,000 for the Subject Street Sweeper. 11. After further negotiation, the parties agreed to a purchase and sale price for the Subject Street Sweeper of $165,000. The Defendant agreed to the $165,000 sale price and instructed the Plaintiff to order and arrange for the delivery of the Subject Street Sweeper to the Defendant. 12. It was the agreement between the parties that Plaintiff would deliver the Subject Street Sweeper to the Defendant and the Defendant, within thirty (30) days, would make payment to the Plaintiff. Upon receipt of payment, the Plaintiff was to convey legal title for the Subject Street Sweeper to the Defendant. The Defendant agreed to this arrangement. 13. Under the terms of their agreement, once the Defendant took possession of the Subject Street Sweeper, the Defendant was to pay the Plaintiff the $165,000 purchase price. 14. Upon receipt of the Defendant's $165,000, the Plaintiff was to formally transfer title to the Subject Street Sweeper to the Defendant. 15. The Plaintiff ordered the Subject Street Sweeper from the manufacturer on January 18, 2008. The Subject Street Sweeper was delivered to the Plaintiff from the manufacturer on January 28, 2008. 16. On January 31, 2008, the Plaintiff delivered the Subject Street Sweeper, as agreed, to the Defendant at the Defendant's main office at 205 Creek Road, Camp Hill, PA 17050. 17. At the time of the January 31, 2008 delivery, the Plaintiff provided the Defendant with an invoice for the Subject Street Sweeper. The invoice specifically states that payment was due within thirty (30) days. A true and correct copy of the invoice is attached hereto as Exhibit `A' and made a part hereof by reference. 18. Subsequent to the January 31, 2008 delivery of the Subject Street Sweeper to the Defendant, the Plaintiff made several demands for payment. 19. Defendant refused and continues to refuse to make payment to the Plaintiff for the Subject Street Sweeper. 20. Because the Defendant has failed and refuses to make payment to the Plaintiff in the amount of $165,000, the Plaintiff has not transferred title to the Subject Street Sweeper to the Defendant. 21. Despite not making payment, the Defendant has refused and continues to refuse to return the Subject Street Sweeper to the Plaintiff. 22. The Defendant has been observed using the Subject Street Sweeper on two separate occasions. The Defendant has affixed a fraudulent license plate to the Subject Street Sweeper so as to give the appearance of a properly registered vehicle. 23. Upon information and belief, the Defendants operation of the Subject Street Sweeper is without insurance. 4 24. It is believed and therefore averred that the value of the Subject Street Sweeper is $165,000. 25. It is believed and therefore averred that the Plaintiff's Subject Street Sweeper is located at the Defendant's property located at 49 North Locust Point Road, Mechanicsburg, Pennsylvania, 17050. 26. The Subject Street Sweeper is a Freightliner M-Z Chassis with Vehicle Identification Number 1 FVACXCS47HX64161 with an attached Elgin Whirlwind MV Street Sweeper. REQUEST FOR RELIEF 27. The averments of paragraphs 1 through 31 above are incorporated herein by reference as if fully set forth. 28. Title to the Subject Street Sweeper remains in the Plaintiffs name. 29. Upon demand, the Defendant has failed, and continues to fail, to return the Subject Street Sweeper to the Plaintiff. 30. Upon information and belief, the Defendant has used and is continuing to use the Plaintiff's Subject Street Sweeper for its own benefit. 31. The Defendant has no right to possession and/or use of the Plaintiff's Subject Street Sweeper. 32. The Defendant's conduct as set forth herein is outrageous such that an assessment of punitive damages and attorneys' fees is warranted. 5 WHEREFORE, the Plaintiff respectfully requests that this Court enter judgment in its favor and against the Defendant for return of the Subject Street Sweeper to the Plaintiff, and award the Plaintiff monetary damages for the Defendant's unauthorized use of the Subject Street Sweeper, together with Court costs, attorneys' fees, punitive damages, and such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: _. - I2 ? el? Andrew A. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Date: May 14, 2008 Attorneys for Plaintiff 6 VERIFICATION I, KENNETH MOYER, am the General Manager of the Plaintiff, PA Public Works, Inc., and verify that I am authorized to give this verification. I verify that I have read the foregoing document and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: KENNETH 705R- 9 FXwf? A u - uk , fL -------------------- c= .. n . m Z Z Lil " a O ? Q O O U ----------- - 7 - _ z 0 Q r t- O C.) z W 2 a_ 0 W o N Y T Q m a O 3^Lu OM7J M6> W mm 'U a ..0 QOpr anm O H H a ` - ° W L LJ w ? rii f0 U W a: to U M W J W n a z 17 x ; - 71 o ui W ; cr - W m r. cr . Z Z J O z I-= W Q J ?, a a CO Q CIF) to Z u , W O _ Z 1- ? m ? Z LLI Q _ F Z z a 0 W F- cc Cl) C) 0 CC 0 s uj a z D 0- J 01- z 0 Cl) a _j ?- s w w F z ir W 0 U 0 .` . a LLI LLJ o .J.. Im. W ?. r . ...... Q Z. . LLI Q' C , -j c Z O N m ? cc w z Z 0 w w b Q a 0 U H Z w a 0 " w o c t2 Y Q O LLI U M -+ JXw min0 IL .o ao¢ an.m O t- H w m w N W J CL F - ---------------------------------------- z O H 0 _ w 0 H = z ? _ w r- S.- cc d w m m D w ' D co _ CIO a o y. 0 ? ! O Nx Z J H O F- Z D O Q 1- O w o) ti } Q D 0 CO I- W z N w F- N z w } Q a 0 U H Z W 2 d: ? n I W O ? r Y Q CL 0 3nJ CV) U Cl ) J J x w ?mC7 . CL .o a * (r an m 0 H H w cr. w N Q w J IL C.'. 7 0 F ; ^ 1 0 Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone ahdowling@mette.com rlfinck@mette.com PA PUBLIC WORKS EQUIPMENT CO., Plaintiff V. HEMPT BROS., INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0o" 307 er r? : CIVIL ACTION - REPLEVIN MOTION FOR WRIT OF SEIZURE The Plaintiff, PA Public Works, Inc. ("Plaintiff'), files this Motion for Writ of Seizure pursuant to Rule 1075.1 of the Pennsylvania Rules of Civil Procedure against the Defendant, Hempt Bros., Inc. ("Defendant"), as follows: 1. Plaintiff initiated this action with the filing of a Complaint on May 14, 2008. A true and correct copy of the Plaintiff's Complaint is attached hereto as Exhibit "A" and made a part hereof by reference. 2. The averments set forth in the Plaintiff s Complaint are incorporated herein by reference as if fully set forth. 3. Plaintiff files this Motion pursuant to Pennsylvania Rule of Civil Procedure No. 1075. 1, and requests that this Court enter a Writ of Seizure directing the Cumberland County Sheriff to seize the Subject Street Sweeper identified in the Plaintiff's Complaint and return it to the possession of the Plaintiff. 4. As required by Rule 1075. 1, Plaintiff requests that the Court schedule a hearing on the instant Motion prior to the issuance of the Writ of Seizure, said hearing to be held not less than forty-eight (48) hours after the filing of this motion. 5. No judge has ruled on any other issue in this case. WHEREFORE, Plaintiff respectfully requests that this Court schedule a hearing within forty-eight (48) hours of this filing of this Motion and thereafter enter a Writ of Seizure in the form attached directing the Cumberland County Sheriff to seize the property identified in the Complaint from the Defendant and deliver same to the Plaintiff. The Plaintiff further requests such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: 6aLk_ Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff Date: May 14, 2008 I ?? r x ?` rl Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone ahdowling@mette.com rlfinck@mette.com PA PUBLIC WORKS EQUIPMENT CO., Plaintiff V. HEMPT BROS., INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - REPLEVIN NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 493525v1 Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone ahdowling@mette.com rlfinck@mette.com PA PUBLIC WORKS EQUIPMENT CO., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HEMPT BROS., INC., Defendant NO. : CIVIL ACTION - REPLEVIN REPLEVIN COMPLAINT Plaintiff, PA Public Works, Inc., files this Replevin Complaint against the Defendant, Hempt Bros., Inc., pursuant to Pennsylvania Rule of Civil Procedure 1071, et. seq., as follows: PARTIES 1. The Plaintiff, PA Public Works, Inc. ("Plaintiff') is a Pennsylvania business corporation with a principal place of business at 1124 McLaughlin Run Road, Bridgeville, Allegheny County, PA 15017 and a business address at 238 Locust Point Road, Mechanicsburg, Cumberland County, PA 17050. 2. The Defendant, Hempt Bros., Inc. ("Defendant"), is a Pennsylvania business corporation with a principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania 17011 and a business address at 49 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. JURISDICTION AND VENUE 3. Jurisdiction and venue are appropriate in this Court because Hempt has a principal place of business in Cumberland County, Pennsylvania. 4. Jurisdiction and venue are appropriate in this Court because the events and transactions giving rise to the Plaintiff's cause of action occurred in Cumberland County, Pennsylvania. 5. Venue in this Court is proper pursuant to Rule 1072 of the Pennsylvania Rules of Civil Procedure. BACKGROUND 6. The Plaintiff leases a facility located at 238 Locust Point Road, Mechanicsburg, Pennsylvania, 17050 (the "Facility"). The Facility belongs to a third party. 7. The Plaintiff uses the Facility to sell, store, and repair heavy equipment and for administrative purposes. 8. At some point between December 29, 2007 and January 14, 2008, the Defendant contacted the Plaintiff and inquired as to the availability of a street sweeper for the Defendant to purchase from the Plaintiff. 2 9. After a series of discussions between the parties, on January 14, 2008, Plaintiff's agent, Kenneth Moyer, contacted the Defendant's agent and informed the Defendant that the Plaintiff had identified a street sweeper it could obtain from one of the Plaintiff s manufacturers and sell to the Defendant (the "Subject Street Sweeper"). 10. The Plaintiff originally quoted the Defendant a sale price of $178,000 for the Subject Street Sweeper. 11. After further negotiation, the parties agreed to a purchase and sale price for the Subject Street Sweeper of $165,000. The Defendant agreed to the $165,000 sale price and instructed the Plaintiff to order and arrange for the delivery of the Subject Street Sweeper to the Defendant. 12. It was the agreement between the parties that Plaintiff would deliver the Subject Street Sweeper to the Defendant and the Defendant, within thirty (30) days, would make payment to the Plaintiff. Upon receipt of payment, the Plaintiff was to convey legal title for the Subject Street Sweeper to the Defendant. The Defendant agreed to this arrangement. 13. Under the terms of their agreement, once the Defendant took possession of the Subject Street Sweeper, the Defendant was to pay the Plaintiff the $165,000 purchase price. 14. Upon receipt of the Defendant's $165,000, the Plaintiff was to formally transfer title to the Subject Street Sweeper to the Defendant. 15. The Plaintiff ordered the Subject Street Sweeper from the manufacturer on January 18, 2008. The Subject Street Sweeper was delivered to the Plaintiff from the manufacturer on January 28, 2008. 16. On January 31, 2008, the Plaintiff delivered the Subject Street Sweeper, as agreed, to the Defendant at the Defendant's main office at 205 Creek Road, Camp Hill, PA 17050. 17. At the time of the January 31, 2008 delivery, the Plaintiff provided the Defendant with an invoice for the Subject Street Sweeper. The invoice specifically states that payment was due within thirty (30) days. A true and correct copy of the invoice is attached hereto as Exhibit `A' and made a part hereof by reference. 18. Subsequent to the January 31, 2008 delivery of the Subject Street Sweeper to the Defendant, the Plaintiff made several demands for payment. 19. Defendant refused and continues to refuse to make payment to the Plaintiff for the Subject Street Sweeper. 20. Because the Defendant has failed and refuses to make payment to the Plaintiff in the amount of $165,000, the Plaintiff has not transferred title to the Subject Street Sweeper to the Defendant. 21. Despite not making payment, the Defendant has refused and continues to refuse to return the Subject Street Sweeper to the Plaintiff. 22. The Defendant has been observed using the Subject Street Sweeper on two separate occasions. The Defendant has affixed a fraudulent license plate to the Subject Street Sweeper so as to give the appearance of a properly registered vehicle. 23. Upon information and belief, the Defendants operation of the Subject Street Sweeper is without insurance. 4 24. It is believed and therefore averred that the value of the Subject Street Sweeper is $165,000. 25. It is believed and therefore averred that the Plaintiff's Subject Street Sweeper is located at the Defendant's property located at 49 North Locust Point Road, Mechanicsburg, Pennsylvania, 17050. 26. The Subject Street Sweeper is a Freightliner M-Z Chassis with Vehicle Identification Number 1 FVACXCS47HX64161 with an attached Elgin Whirlwind MV Street Sweeper. REQUEST FOR RELIEF 27. The averments of paragraphs 1 through 31 above are incorporated herein by reference as if fully set forth. 28. Title to the Subject Street Sweeper remains in the Plaintiff's name. 29. Upon demand, the Defendant has failed, and continues to fail, to return the Subject Street Sweeper to the Plaintiff. 30. Upon information and belief, the Defendant has used and is continuing to use the Plaintiff's Subject Street Sweeper for its own benefit. 31. The Defendant has no right to possession and/or use of the Plaintiff's Subject Street Sweeper. 32. The Defendant's conduct as set forth herein is outrageous such that an assessment of punitive damages and attorneys' fees is warranted. 5 WHEREFORE, the Plaintiff respectfully requests that this Court enter judgment in its favor and against the Defendant for return of the Subject Street Sweeper to the Plaintiff, and award the Plaintiff monetary damages for the Defendant's unauthorized use of the Subject Street Sweeper, together with Court costs, attorneys' fees, punitive damages, and such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: o d %, . ! ?, Andrew A. Dowling, Esquire Sup. Ct. I.D. No. 39692 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Date: May 14, 2008 Attorneys for Plaintiff 6 VERIFICATION I, KENNETH MOYER, am the General Manager of the Plaintiff, PA Public Works, Inc., and verify that I am authorized to give this verification. I verify that I have read the foregoing document and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: KENNETH OYER 9 Exhibit `A' di IC) L I a: a: h ? ?J z O J ._ F¢- :- O 0 U F- z w a_ D a W O Y 'Lf) - OC a O a ? U_MJ JX> In 0 amo. -x RE an:m F- O a F- ? 0 Q w W ;w z w 3 ";, U , a ?` Q cr W o w d z o - 0 ac w W w 01, j7 cv) _ W O w u. ..,.. L L V m ? O ? U H 0. m - - z ? v=i Z Q z O W N cc w '° IL . z ---- ---- -------- - ---- ------------- --------- ---- --------- - -------- ----- -- o z LLJ ? 0 a a _ a; ¢ Q 0!- w ?- ^- O U --- ---- ---------- ---- ------------- -------------- -------- -------- a ? d w O I- F- K tN z Z) O c M ~ C/) 0 Q w tw-- z U w O q - cc O' CO w p z w - a w -, i r r M, c= M Y ?. Y4 Z J a z v. .1 t ay a N W 7 - ,= ?- 1, a w p _l Z Q W Y CO Z z W Q p ?' a o O U t- z W _a W O N t2 Y Q a O ui U CO m 0111 ama aocc aam O LrL r g w m w N Q W J IL LLJ w •,? a t- ---- -- --- ---- ----------------- ------------------------ --------- -- Z, ? z! z ". cn Q; ?. 0 W Q t..' Q jw H O LL1 F'. v - ---- -- --- -- -- ---------------- -------------------------- ------- u Cc a: fl W H O Z F w D O Q f/) J, F n p W Z as' U CL fir Tr, . a z w _ ? d : r ^9' . !v: m 4r[ 1-... ([ ? LkS rL ~' Q: 2 1.»_ ..... } LQ a .0_ j o vi m ? 1 w _ W c z z O w ¢ O U z W d o O N r Y Q M a O 3^W CO) U C. ) JXO .. IL .o QOFr ii a.co C? L W cc w N Q W _.1 CL ,7f cx? 7? +C , f ? t ' PA PUBLIC WORKS EQUIPMENT CO., Plaintiff V. HEMPT BROS., INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. _ 30 CIVIL ACTION - REPLEVIN WRIT OF SEIZURE TO THE SHERIFF OF SAID COUNTY: You are directed to cease the following property: Model: Freightliner M-Z Chassis with attached Elgin Whirlwind Street Sweeper VIN # IFVACXCS47HX64161 If the property is found in possession of a person not already a Defendant, you are directed to add the person as a Defendant, and notify the person that he or she has been added as a Defendant and is required to defend the action. Date of Writ: , 2008 By: THE CUMBERLAND COUNTY PROTHONOTARY 493545v1 ?f1 lJ c • PA PUBLIC WORKS EQUIPMENT CO., YAYTt200Br IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. ??307oZ GG HEMPT BROS., INC., Defendant CIVIL ACTION - REPLEVIN NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: HEMPT BROS. INC. 205 Creek Road Camp Hill, PA 17011 You are hereby notified that: (1) Plaintiff has commenced an action of Replevin and has filed a Motion for Seizure of the property described in the Complaint. A copy of the Complaint and Motion is attached to this Notice; (2) There will be a heart n the Motion on /q Y 2008 at O O (a .n in Courtroom of the Beep---- - unty Courthouse. C" 04 EicA r+k, (3) You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized; (4) Your failure to appear at the hearing may result in the seizure of the property claimed by Plaintiff before a final decision in this case. Name of Plaintiff. PA Public Works, Inc. Andrew H. Dowling, Attorney for Plaintiff ?dwv`? Lr. ????a J J. ' '/ 'V!NV/V !)6,NN3d £®.6Wd 9 1 AN 8001 PA PUBLIC WORKS EQUIPMENT CO., Plaintiff V. HEMPT BROS., INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3072 CIVIL TERM CIVIL ACTION - REPLEVIN ORDER OF COURT AND NOW, this 19th day of May, 2008, after hearing, the Petition For Writ of Seizure is granted. A Writ of Seizure shall issue upon posting a bond in the amount of $330,000.00. E /drew H. Dowling, Esquire For the Plaintiff ? Michael L. Bangs, Esquire For the Defendant srs m'2 t LCL s/???o8 Kyj Edward E. Guido, J. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PA PUBLIC WORKS EQUIPMENT CO VS HEMPT BROS INC MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HEMPT BROS INC was served upon the DEFENDANT , at 1520:00 HOURS, on the 15th day of May 2008 at 205 CRRRK Rnan CAMP HILL, PA 17011 JOSEPH THEURER, CONTROLLER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge ,2 j,/v F ? Sworn and Subscibed to before me this of So Answers: 18.00 15.00 ? .59 10.00 R. Thomas Kline ! .00 43.59 05/16/2008 METTE EVANS WOODSIDE By: day Deputy eriff A. D.